C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER C—OTHER LAWS › PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993 › Subpart B—Employee Leave Entitlements Under the Family and Medical Leave Act

29 C.F.R. § 825.201

Leave to care for a parent

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(a) General rule. An eligible employee is entitled to FMLA leave if needed to care for the employee's parent with a serious health condition. Care for parents-in-law is not covered by the FMLA. See § 825.122(c) for definition of parent.

(b) Same employer limitation. Spouses who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken to care for the employee's parent with a serious health condition, for the birth of the employee's son or daughter or to care for the child after the birth, or for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement. This limitation on the total weeks of leave applies to leave taken for the reasons specified as long as the spouses are employed by the same employer. It would apply, for example, even though the spouses are employed at two different worksites of an employer located more than 75 miles from each other, or by two different operating divisions of the same company. On the other hand, if one spouse is ineligible for FMLA leave, the other spouse would be entitled to a full 12 weeks of FMLA leave. Where the spouses both use a portion of the total 12-week FMLA leave entitlement for either the birth of a child, for placement for adoption or foster care, or to care for a parent, the spouses would each be entitled to the difference between the amount he or she has taken individually and 12 weeks for FMLA leave for other purposes. For example, if each spouse took six weeks of leave to care for a parent, each could use an additional six weeks due to his or her own serious health condition or to care for a child with a serious health condition. See also § 825.127(d).

[78 FR 8902, Feb. 6, 2013, as amended at 80 FR 10001, Feb. 25, 2015]
Notes of Decisions
Cited in 4 cases, 1999–2013 · leading case: Bernardo G. Bocalbos, Plaintiff-Appellee-Cross-Appellant v. Nat'l W. Life Ins. Co., Defendant-Appellant-Cross-Appellee, 162 F.3d 379 (5th Cir. 1999).
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Bernardo G. Bocalbos, Plaintiff-Appellee-Cross-Appellant v. Nat'l W. Life Ins. Co., Defendant-Appellant-Cross-Appellee, 162 F.3d 379 (5th Cir. 1999). “The Department of Labor regulations provide: Employers covered by FMLA are required to grant FMLA leave pursuant Lo paragraph (a)(2) of this section before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster…”
Aboulhosn v. Merrill Lynch, Pierce, Fenner & Smith Inc., 940 F. Supp. 2d 1203 (C.D. Cal. 2013). “113 ; 29 C.F.R. § 825.201 (a)). A “serious health condition” entitling an employee to FMLA leave means “an illness, injury, impairment or physical or mental condition that involves inpatient care .”
Lichtenstein v. Univ. of Pittsburgh Med. Ctr., 805 F. Supp. 2d 190 (W.D. Pa. 2011). “§ 2601 (b)(2); see also 29 C.F.R. § 825.201 , Leave to Care for a Parent.”
Lichtenstein v. Univ. Of Pittsburgh Med. Ctr., 805 F. Supp. 2d 190 (W.D. Pa. 2011). “§ 2601 (b)(2); see also 29 C.F.R. § 825.201 , Leave to Care for a Parent.”
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